When a leak occurs between sectional title units, it’s essential to understand the responsibilities of the unit owners to ensure prompt and effective repairs. Below is a guide outlining the process for addressing leaks between units, owner obligations, and how to lodge insurance claims when needed.

Owner Responsibilities

Under the Sectional Titles Act 95 of 1986, Section 44, unit owners are responsible for maintaining their sections in a good state of repair. This includes ensuring any exclusive use areas, such as balconies and patios, are kept clean and properly maintained. Leaks between units often occur when maintenance is not performed regularly.

Key Responsibilities:

• Maintenance & Repairs: Unit owners must keep their sections in a good state of repair to prevent damage to other units.
• Communication with Affected Owners: If a leak is reported from your unit into another, you must promptly investigate the issue and arrange for repairs to prevent further damage. It’s your responsibility to reach out to the affected owner and, if necessary, arrange access to inspect the leak.
• Liability for Repairs: The owner of the unit causing the leak is liable for all costs associated with identifying and repairing the issue. This includes repairs to the damaged unit, as well as the cost of the leak detection service if used. Owners must also provide proof of the repairs, such as invoices, to the owner of the affected unit.

Reporting Leaks and Resolving Issues

If a leak is discovered, the first step is to notify the estate management team, who can facilitate communication between the affected owners.

Steps to Follow:

1. Notify the Estate Management: If a leak is identified, report it to management and communicate directly with the affected unit owner. Management will assist in coordinating access and discussions as needed.
2. Written Communication: If the issue is not resolved within 30 days of notifying the affected unit in writing, you may request further assistance from the estate management team. Keep a record of all communication as proof.
3. Leak Detection: If the source of the leak is unclear, a leak detection service may be required. Approval from the affected owners and Trustees is necessary to proceed, and the costs will be borne by the responsible unit owner.

Escalating the Issue

If the matter remains unresolved after following the above steps, the affected owner can escalate the issue to the Community Schemes Ombud Service (CSOS) for further intervention.

Insurance and Claims

The scheme’s insurance policy covers sudden and unforeseen damages caused by leaks, but it does not cover maintenance-related issues. Owners must ensure they have completed the necessary repairs before submitting a claim.

Important Points for Insurance Claims:

• Submit Within 30 Days: Claims must be submitted within 30 days of discovering the leak.
• Proof of Repairs: To qualify for coverage, the owner must show that the cause of the leak was sudden and unforeseen, and proof of the completed repairs must be provided.
• Personal Property Insurance: The scheme’s insurance does not cover personal property. Owners are advised to have their own insurance for movable property that may be damaged by leaks.

Summary of Responsibilities

Below is a visual breakdown of the responsibilities for maintenance between unit owners and the Body Corporate: [Insert Image Here]

Final Notes

It is essential that owners act promptly to resolve leaks between units to avoid further damage and complications. For any assistance with contractors, repairs, or insurance claims, don’t hesitate to contact the estate management team.

Should you have any questions or require further clarification, please feel free to reach out to us for guidance.